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  • RIAA v. NFT Distributor HitPiece
    by Elliot Zimmerman on February 6, 2022 at 7:54 pm

    On or about February 4, 2022, Billboard reported the RIAA sent a demand letter to HitPiece, a new beta website, because it was selling thousands of songs and album artwork NFTs using information from Spotify’s API without permission from the artists or their record labels. The RIAA charged HitPiece with engaging in “the systematic and flagrant infringement of the intellectual property rights of the Record Companies and their recording artists on a massive scale…” Jared Continue reading RIAA v. NFT Distributor HitPiece→

  • Posting Cover Tunes on YouTube and Other Social Media
    by Elliot Zimmerman on May 6, 2020 at 7:44 pm

    In light of the fact that many people are podcasting their own live performances of controlled compositions on YouTube and other social media, there seems to be a disconnect between the law and conduct. The thought of suing a fan who performs your or your client’s material is not as palatable to artists and companies today as it has been in the past, especially if there are other options… YouTube has new platforms and monetization policies Continue reading Posting Cover Tunes on YouTube and Other Social Media→

  • Are parental guarantees of their child’s performance enforceable?
    by Elliot Zimmerman on February 21, 2019 at 5:27 pm

    Throughout my career, I have routinely included a parental guarantee of the child’s performance in all contracts I drafted for clients engaging a minor. IMHO, the parent gets a separate benefit and detriment from that of the child in agreeing to same in that the parent’s burden of providing for the child is abrogated if the child becomes an earner. At common law, the custodial parent of a minor child is entitled by law to Continue reading Are parental guarantees of their child’s performance enforceable?→

  • New Royalty Rates for Downloads
    by Elliot Zimmerman on February 13, 2019 at 10:46 pm

    New Copyright Royalty Board rates became effective on February 5, 2019, retroactive to January 1, 2018. The Harry Fox Agency created a chart to track the new royalty rates for music. Rate this post

  • DMCA Fraudulent Takedown Notice
    by Elliot Zimmerman on February 13, 2019 at 10:37 pm

    DMCA takedown notices for copyrighted material on the internet are made under penalty of perjury. The filer of the notice must own or control the copyright to the work or risk being charged. Damages accrue only if the work is taken down. See generally, 17 U.S. Code § 512(f). Limitations on liability relating to material online. Also, see Automattic Inc. v. Steiner, the first case to actually award damages for a fraudulent takedown notice. Rate this Continue reading DMCA Fraudulent Takedown Notice→